General conditions for online sales

Article 1 : Preamble

These conditions of sale are agreed upon between LUCIMED SA, which has its registered offices at Villers le Vouillet - Belgium and is registered in the BCE under number 0873.183.112, hereinafter referred to as “the seller”, and any other person or organization wishing to complete a sale through the Internet site of the seller, hereinafter referred to as “the buyer”.

 

Article 2 : Objective

The present conditions of sale seek to define the contractual relationship between the seller and the buyer, as well as the conditions applicable to any sale completed through the means of the website of the seller, regardless of whether the buyer is a professional or a consumer.

The acquisition of goods or services through the present web site implies unconditional acceptance from the buyer of the present conditions of sale.

These conditions of sale shall prevail over any other general or individual conditions not expressly agreed upon by the seller.

The seller reserves the right to modify these conditions of sale at any time. In this case, the conditions that shall apply shall be the ones effective on the date of the order from the buyer.

 

Article 3 : Characteristics of goods and services offered

The products and services offered are those found in the catalogue published on the site of the seller.

Each product is accompanied by a description established by the provider.

The photographs in the catalogue are as faithful as possible but they cannot ensure perfect similarity with the product offered, especially as it relates to colours.

These products and services are offered within the limits of available stock. If, in spite of all efforts, all or some of the articles are unavailable, the seller shall notify the buyer by e-mail as promptly as possible and offer the possibility of choosing to either await or cancel the order of unavailable articles at no cost. Available articles are delivered by courier at the address specified by the buyer.

 

Article 4 : Fees

The prices for products and services found on the site are stated in euros and include all taxes (VAT and other applicable taxes).

The seller reserves the rights to modify these prices at any time. However, the applicable prices for each order are those effective at the time of its confirmation.

The prices shown include handling fees for the order.

Delivery charges are either the responsibility of the buyer or not, depending on the country where the product is to be delivered. In every case, the amount of delivery fees shall be mentioned at the moment of ordering and calculated before checkout and delivery of the shopping cart.

 

Article 5 : Geographical areas

Online sales of products and services found on the site of the vendor are reserved to buyers residing in countries accessible by clicking on the world map found on the first page of the site and for delivery requested within those countries.

 

Article 6 : Orders

The buyer wishing to buy a product or service must, mandatorily :

• fill the identification form, providing all the information requested, or provide a customer number, if available;

• complete the order form online, providing all the references for the products or services chosen;

• validate the order after having verified it;

• complete payment under the conditions given;

• confirm the order and its payment.

Order confirmation entails acceptance of the present conditions of sale, acceptance of having complete knowledge thereof and a waiver of application of the buyer’s own conditions of sale or other conditions.

All of the information provided and the recorded confirmation shall serve as proof of the transaction. Confirmation shall be valid as signature and acceptance of the operations performed.

The seller shall communicate confirmation of the registered order by e-mail.

 

Article 7 : Cancellation rights

In conformity with the law, the consumer reserves the right to notify the seller of the cancellation of the purchase, without incurring in penalties or indicating any motives, within 14 business days to be counted from the day after delivery of the product or from the conclusion of the service contract. These cancellation rights do not apply to professional buyers.

Within this timeframe, the consumer must communicate his intent to cancel by e-mail and return, at his expense and at his own risk, the delivered product to the administrative offices of the seller, located at Rue le Marais 12a - 4530 le Bouillet - Belgium.

Products must be mandatorily returned in their original packaging, undamaged, accompanied by all their accessories and instruction manuals, as well as by the original invoice or delivery confirmation.

Products returned in this manner may not have been unpacked, unsealed or used in any way.

Goods that are incomplete, damaged or made dirty by the customer shall not be accepted.

Within 30 days after having accepted the return of the goods, the seller agrees to reimburse any payment, except for delivery fees.

 

Article 8 : Payment methods

Payment can be made using Visa or MasterCard, as well as Bancontact for Belgian buyers.

Articles ordered shall remain our exclusive property until full payment of the order by the buyer.

 

Article 9 : Deliveries

Deliveries take place at the address included in the order confirmation, which must be within the specified geographical area.

The goods are transported at the risk of the seller until their delivery at the delivery address provided by the buyer. From that point forward, the buyer assumes all risks thereof. Delivery estimates are only provided for informational purposes. If delivery takes longer than thirty days to be counted from the date of the order, the sale contract may be cancelled and the buyer reimbursed.

 

Article 10 : Guarantee

For consumers, the seller guarantees the products it sells and the services it provides in conformity with the law form 1 September 2004, on the protection of consumers in cases of sales of goods for consumption (articles 1649 bis to 1649 octies of the Civil Code).

In cases of nonconformity with a product sold, within 2 years of its delivery, the consumer must notify the seller as quickly and as specifically as possible, by certified mail or through electronic messaging.

This guarantee covers only defects in conformity existing at the time of delivery of goods. Defects or wear due to poor usage, such as water damage, rusting, shocks, falls, negligence or wear, are not covered by the guarantee. In the same fashion, repairs performed by technicians not approved by the provider shall void the guarantee.

The invoice or the delivery confirmation shall act as a title of guarantee and must be kept by the consumer, who must produce the original copies thereof.

 

Article 11 : Liability

The seller, within the process of online sales, is only responsible for undertaking the best efforts; it will not be liable for damages resulting from the use of the Internet network, such as loss of data, intrusion, virus, service interruption or other involuntary problems.

The information gathered on the site is otherwise provided in good faith. Links provided toward the sites of manufacturers and/or partners are given for informational purposes only. The seller shall not be held liable for any information found on those sites.

 

Article 12 : Intellectual property

All elements of the site of the seller are and shall remain as the exclusive intellectual property of the latter.

No party is authorized to reproduce, exploit, redistribute nor use in any other way, wholly or partially, elements of the site, including software, images and sounds.

Any simple or hypertext link is strictly forbidden without prior express agreement from the seller.

 

Article 13 : Personal information

All personal information necessary for the processing of an order shall be kept by the seller or its collaborators and may be transmitted to companies with which the seller - or its providers - collaborate, as long as such communication is necessary for the processing of the order.

Moreover, the user also authorizes the seller to use his information for determining statistics for the improvement of the site or of the goods or services it offers.

This information may also be used in order to allow for the distribution, through any type of media, of information related to the commercial activities of the seller toward its customer base.

Finally, the seller keeps personal information in order to facilitate future purchases.

Otherwise, the seller agrees not to distribute the information that it holds to any other organization or company.

The information kept by the seller may be requested and corrected upon request at any time.

 

Article 14 : Proof

The parties agree to use, within the framework of their relationship, electronic means of proof (for example, e-mail, computer backups, etc.).

 

Article 15 : Settlement of disputes

The present conditions of sale are subject to Belgian law.

In case of dispute, the courts with jurisdiction over the registered offices of the seller shall be considered competent, excepting if there are superseding provisions of public policy.